Small Estate Filing Offices by State
Filing offices differ more than the forms do. Some filings go to a court, some are recorded with a clerk, some go to a register of deeds, and some go straight to the holder with no filing at all. This directory states the office and the route for each state, only as verified in the banked research.
Filing offices by state
| State | Office | Route |
|---|---|---|
| Alaska | No court filing | Holder-presented affidavit |
| Alabama | Judge of probate | Court petition, verified petition, publication plus Medicaid Agency notice |
| Arkansas | Probate clerk of the circuit court of proper venue | Affidavit filed; no court order necessary |
| Arizona | Holder for personal property; court for real property | Personal property presented to the holder; real property filed in court with a certified copy recorded |
| California | Holder for personal property; court for DE-305 and DE-310 | Personal property presented to the holder; DE-305 and DE-310 court-filed |
| Colorado | No court filing | Form JDF 999 notarized and presented to holders |
| Connecticut | Probate Court district of residence | Court-decree procedure, affidavit signed under penalty of false statement |
| Delaware | Holder, Register-issued practice | Affidavit presented to the holder; Chancery enforcement |
| Hawaii | Holder; clerk of the circuit court for the clerk lane | Affidavit presented to the holder; clerk lane by verified petition |
| Iowa | Holder; district-court clerk for the deceased-distributee variant | Holder-furnished affidavit for the main lane |
| Idaho | Holder | Holder-presented affidavit |
| Illinois | No court filing | Statutory-form affidavit presented without a court filing |
| Indiana | Holder for the affidavit lane; court for the summary lanes | Holder-presented affidavit with notice to each distributee |
| Kansas | Holder of the property; Division of Vehicles for vehicle title | Not filed with the court, per the Council form page; see the state guide |
| Kentucky | District Court | Verified petition to dispense with administration |
| Louisiana | Holder; parish conveyance records for immovable property | Affidavit or certified copy is authority for payment; recording where immovable property is involved |
| Massachusetts | Probate Court of the county of residence, register dockets the statement | Statement on form MPC 170 filed with the court; attested copy issued |
| Maryland | Register of Wills | Petition with Schedule B and List of Interested Persons; Letters of Administration issue |
| Maine | Holder | Holder-presented affidavit |
| Michigan | Holder for the affidavit lane; court for assignment | Affidavit presented to the holder |
| Minnesota | Holder for the affidavit lane; court for summary closing | Affidavit plus certified death record presented to the holder |
| Missouri | Clerk of the probate division; recorder of deeds for real estate | Affidavit plus clerk certificate filed; real estate via the recorder of deeds |
| Mississippi | Holder | Holder-presented affidavit |
| Montana | Holder | Holder-presented affidavit |
| North Dakota | Holder | Holder-presented affidavit; transfer agent changes registered ownership |
| Nebraska | Holder for personal property; register of deeds for real property | Real property affidavit filed with the register of deeds in every county |
| New Hampshire | Probate Division | Court proceeding with a closing affidavit of administration |
| New Jersey | County Surrogate or Superior Court | Affidavits executed before the Surrogate or Superior Court, filed and recorded |
| New Mexico | Holder; county clerk for the homestead lane | Holder-presented affidavit |
| Oklahoma | Holder for the affidavit lane; district court for the summary lanes | Holder shall deliver on presentation |
| Oregon | Probate court | Simple estate affidavit filed with the probate court |
| Pennsylvania | Orphans Court; holder or institution for the direct-payment lanes | Petition to the Orphans Court under Rule 5.50 |
| Rhode Island | Probate court of the city or town where the decedent resided | Statement filed; judge-reviewed certification presented to holders |
| South Dakota | Holder for personal property; register of deeds for real property | Real property affidavit filed with the register of deeds in every county |
| Tennessee | Court exercising probate jurisdiction in the county of residence; clerk issues limited letters | Sworn petition filed; bond with a corporate surety unless an exception applies |
| Texas | Court clerk, for judge approval | Affidavit filed with the court clerk |
| Utah | Holder | Holder-presented affidavit |
| Virginia | Holder | Affidavit by all known successors presented to the holder |
| Vermont | Probate Division of the Superior Court | Court-filed proceeding with all eight commencement items |
| Washington | No court filing | Affidavit presented without a court filing, with notice and a DSHS copy |
| Wisconsin | Holder for the affidavit lane; court for settlement and assignment; register of deeds for real-property affidavits | Affidavit to the holder or transfer agent; real-property affidavit after the 30-day heir notice |
| West Virginia | Clerk of the county commission or fiduciary supervisor, for the county which would have probate jurisdiction | Affidavit tendered for recording; clerk issues a certificate; holders receive the certificate |
| Wyoming | County clerk for the affidavit; district court for the summary decree; registration-county clerk for vehicle title | Affidavit filed with the county clerk; certified copy presented to holders |
Tools
Use the Small Estate Filing Office Finder to find the office and route for one state. The Small Estate Affidavit Form Finder states the form for the same states, and the Small Estate Document Checklist lists the verified documents.
Source
Filing offices and routes from research files A412 through A460 in the Veldica Traffic Ledgers backlog, with closure files A455 through A460 superseding base files where they correct a figure, plus the live directory exemplar for Texas, Arizona, Colorado, Oregon, Washington, Illinois, and California offices. Kansas filing follows the build-time live re-read: the form is not filed with the court and is presented to the holder; a banked closure read reported otherwise and the disagreement is recorded in the state guide. Open flags: Vermont venue statute unopened; Louisiana parish practice unopened; West Virginia second county packet unopened. Facts verified 2026-10-31 through 2026-11-02.
This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to your state motor vehicle agency or court.
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